Complaint against police rejected
Civilian watchdog says man was ‘too far removed’ from actions at Toronto homeless clearings
Connor Engels is feeling uneasy.
He’s posing for a portrait outside Toronto police’s 14 Division station with his lawyer, David Shellnut, and just being present in a space where he saw people near him being violently arrested brings it all back.
For nearly six months after the clearances of homeless encampments at Lamport Stadium Park and Alexandra Park last summer, Engels processed what he witnessed, and then, just under the time limit, he filed an official complaint documenting what he had seen Toronto police do, including photos and videos he’d gathered as evidence.
In his complaint to the Office of the Independent Police Review Director, the civilian body that handles public complaints against Ontario police, Engels detailed the tense moment-by-moment developments in the violent clash between police and protesters outside 14 Division after the clearing at Lamport. There was police pepper spray, baton strikes and violent takedowns, and Engels documented the names of some of the officers involved.
In February, to Engels’s surprise and disappointment, the complaint was screened out at the intake phase, effectively closing the case. The decision not to review his complaint leaves only a court judicial review as a recourse to challenge it, which Engels is doing with the help of Shellnutt.
According to Shellnutt, the OIPRD’s reason — that Engels was “too far removed” from the police actions — conflicts with a provision of the Police Services Act that allows for third parties to an incident to file complaints, an ability that was scrapped in the 1990s and later restored due to concerns directly affected parties may not want to file a complaint.
“The directly affected parties may file their complaints,” the OIPRD Engels wrote. “There is nothing in the complaint that would clearly suggest that you were one of those people in the crowd who had been allegedly assaulted, peppersprayed, hit by metal baton in stabbing motion, struck in the head, and other physical contacts.”
While “nothing said in this letter is meant to minimize the gravity of the situation … the Director has determined that it is in the public interest to proceed with those complaints filed by members of the public most directly impacted by the conduct of the officers at Lamport Stadium Park and 14th Division.” While others have filed complaints about the clearings and protest — the Star is aware of at least two others — the OIPRD told the Star in an email it could not say exactly how many have been filed.
The agency did not answer questions about its interpretation of the police act, nor whether it would reconsider the decision to screen out Engels’ complaint.
According to Shellnutt, it is unreasonable to screen Engels out because he was not “directly affected.”
“We feel that what he’s been able to document and share is incredibly important,” said Shellnutt, who is representing Engels at no charge.
Police observers, including John Sewell of the Toronto Police Accountability Coalition and Abby Deshman of the Canadian Civil Liberties Association, which has pushed for the acceptance of thirdparty complaints, agree the OIPRD has made errors in the handling of Engels’ complaint.
“If being a bystander with good evidence does not bring you within the third-party rule,” Sewell said in an email, “then what’s the meaning of a third party being authorized to make a complaint?”
Often, those on the receiving end of alleged police misconduct are facing related criminal charges and not in a position to file a complaint, or they may fear reprisals or they may not know that a complaint can be filed, Deshman said.
That’s why the CCLA fought for many years so third parties can submit complaints and have them heard and adjudicated.
“I’m not even sure it’s a third-party complaint, quite frankly,” said Deshman. “He was directly impacted by the misconduct at issue.”
Engels, 29, does not consider himself merely a “third-party” witness. He said the experience shook him.
Engels studied criminology, peace, conflict and justice, as well as sociology and political science at the University of Toronto. He’d also worked in a homeless shelter and had grown frustrated with inadequate measures to house people.
Engels said what he witnessed outside 14 Division, and at the encampments, reminded him of police actions he’d studied in classes. “It’s something that’s happened for years in Canada but I just never ever would have thought I’d see it with my own eyes. It felt surreal. And it was unbelievable.”
The process of challenging the OIPRD decision is underway, Shellnutt said.
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It’s something that’s happened for years in Canada but I just never ever would have thought I’d see it with my own eyes. It felt surreal. And it was unbelievable. CONNOR ENGELS COMPLAINANT